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Maryland's Bed Bug, Termite and Consumer Protection AttorneysThu, 17 Jan 2019 22:56:37 +0000en-UShourly1https://wordpress.org/?v=4.9.9https://whitneyfirm.com/wp-content/uploads/cropped-favicon-150x150.pngWhitney, LLPhttps://whitneyfirm.com
3232How Can You Tell if Your Mattress Has Bed Bugs?https://whitneyfirm.com/how-tell-mattress-has-bed-bugs/
Wed, 16 Jan 2019 15:11:03 +0000https://whitneyfirm.com/?p=8858Bed bug infestations can be difficult to deal with if you are not sure of how to detect bed bugs. An infestation that spreads throughout a household can result in expensive termination services. This is why it is important to be aware of all the signs that point to your home being infested with bed […]

]]>Bed bug infestations can be difficult to deal with if you are not sure of how to detect bed bugs. An infestation that spreads throughout a household can result in expensive termination services. This is why it is important to be aware of all the signs that point to your home being infested with bed bugs. If you or a family member are dealing with a bed bug issue, you should consult with an experienced Baltimore bed bug litigation lawyer. The dedicated lawyers at Whitney, LLP can help you file a claim against a negligent landlord that allowed a bed bug infestation to happen. Whitney, LLP explains the warning signs that may point to a bed bug infestation.

Common Signs of Bed Bugs

Bed bugs are tiny brownish insects that feed on a person’s blood. If you believe that your bed and possibly the rest of your home is infested with bed bugs, there are a couple warning signs of bed bugs that you should look for. For example, having unexplained insect bites on various parts of your body can be an indication of a mattress infestation.

If you are going to search your mattress to look for signs of bed bugs, you should move your bed away from the wall so you can fully inspect it. Bed bugs like to hide in the seams and folds of your bed and tend to emerge at night to feed, so the first place you should check is your sheets. Be sure to wear gloves when examining the sheets to avoid any other bites.

When you are examining your bed, be sure to peel back each layer of the sheets and smooth out each fold so you can check each crevice. If you observe tiny red or brownish spots on your bed sheets, this can be blood from a bed bug bite or a crushed bed bug. Once you are done checking the bed sheets, you should also inspect the mattress itself. Bed bugs have been known to hide inside a mattress or around dark areas of the bed. For example, bed bugs can be living behind your headboard or even around the box springs of your bed.

It is important to note that if your bed is infested with bed bugs, it is highly likely they have spread to other areas of your home. Bed bugs can travel several feet to feed or to find a suitable place to hide until it becomes dark. Bed bugs can advance through six life stages. Allowing bed bugs to continue to feed will not only ensure that they advance through those stages but that they also lay eggs to spread the infestation. Common places that you should look for bed bugs include:

How to Prevent an Infestation from Spreading

There are several tactics that you could use to prevent the spread of a bed bug infestation. While these actions may not eliminate an infestation, they may help reduce the costs associated with hiring an extermination company.

If you want to keep your mattress despite finding an infestation, you should attempt to vacuum all the bed bugs from the mattress and the surrounding area. Next, you should take all of your bedding and wash it using hot water and place them in the dryer on high heat. Certain temperatures of heat will kill most types of bed bugs. You should also consider wrapping the mattress in a mattress cover to prevent the spread of bugs.

If you choose to discard your mattress, you should wrap it in plastic and label it as bed bug infested. This can prevent the spread of an infestation to other homes.

If you live in an apartment complex that has a problem with bed bugs, the landlord may be responsible for handling the infestation. However, the laws of each county can differ regarding liability for bed bugs. This means you need to be aware of any laws that may shift the burden for dealing with bed bugs.

Our Maryland Bed Bug Attorneys are Ready to Work with You

If you or a family member have a bed bug infestation, you should contact an experienced bed bug attorney. At Whitney, LLP, our injury attorneys possess extensive experience litigating a variety of bed bug liability cases. We understand how stressful it can be to live in a home that has a serious issue like bed bugs, and we are here to stand with you. To schedule a free legal consultation to discuss your case, call Whitney, LLP at (410) 583-8000, or contact us online.

]]>Catonsville, MD Woman Sues Her Senior Living Home for Bedbug Infestationhttps://whitneyfirm.com/catonsville-woman-sues-senior-living-home-bedbug-infestation/
Tue, 15 Jan 2019 16:24:31 +0000https://whitneyfirm.com/?p=8851The Maryland bed bug infestation lawyers at Whitney, LLP filed suit in 2018 against Charlestown Community and Erickson Living Management, alleging that they failed to take proper precautions with bed bugs at their Catonsville, Maryland Charlestown Retirement Community. Specifically, we alleged that our client, an 86 year old widow, was bitten over 100 times and […]

]]>The Maryland bed bug infestation lawyers at Whitney, LLP filed suit in 2018 against Charlestown Community and Erickson Living Management, alleging that they failed to take proper precautions with bed bugs at their Catonsville, Maryland Charlestown Retirement Community.

Specifically, we alleged that our client, an 86 year old widow, was bitten over 100 times and suffered from disfiguring bed bug bite marks on her body from where she was bitten, due to a heavy apartment bed bug infestation that went undetected by Charlestown and Erickson.

How Bed Bugs Spread in Assisted Living and Retirement Homes

After filing the lawsuit, documents produced in the case reveal that the Catonsville Charlestown Retirement Community has a documented history of bed bug infestations, both in residents’ private rooms and also in public areas, such as in the lobby, an elevator and in one of the dining facilities. The significance of bed bug infestations being in public common areas at the Catonsville, Maryland Charlestown Retirement Community where senior citizens congregate is that this is most likely how bed bugs spread throughout the campus and into other residents’ rooms.

For example, when a senior citizen resident who has an active bed bug infestation in her room comes down to the lobby to sit with her friends, have tea or read a book, the bed bugs will crawl off of her clothing, or wheelchair, onto the couch, and wait for a new person to sit down. When the new person sits down, those bed bugs will hitchhike back to that person’s room, where they will continue to breed and multiply. It is a continuous cycle that persists until the bed bugs are detected and properly treated.

In the lawsuit that Whitney, LLP filed for our elderly client whose room developed a heavy infestation of bed bugs, we allege that the bed bugs found in her room came from one of the other documented infested locations on the Charlestown senior living campus.

Managing Bed Bug Infestations in Long Term Care Facilities

Senior citizens require extra care when it comes to bed bugs. Senior living facilities, retirement homes and nursing homes all provide care for senior citizens, and also deal with the issue of bed bug infestations and bed bug bites. Bed bugs are so prevalent in 2019 that the question is not IF bed bugs will show up, but rather, what to do WHEN bed bugs show up where senior citizens live. Senior citizens have the right to live free of bed bug infestations and bed bug bites. and the property operators are required to take the necessary steps to do so. When they fail to take proper precautions to deal with bed bugs, senior citizens, and their families, have significant legal claims they can bring to recover compensation for injuries sustained.

It is very important for senior citizens and their families to understand that the operator of a senior living community, nursing home or retirement home who tries to force their residents to pay for bed bugs may be acting illegally in trying to shift that cost. Residents who are being forced to pay for bed bug treatments have legal rights and should act quickly to preserve their rights and fight the illegal cost shifting.

Maryland Bed Bug Lawyers Offering Free Consultations

Whitney, LLP offers free consultations for senior living facility and nursing home bed bug injury claims, and to residents who are illegally being forced to pay for bed bug treatments. Contact our Maryland bed bug injury attorneys now at (410) 583-8000, or use our Quick Contact Form. There is no upfront, out of pocket expense – All attorney’s fees and expenses are paid out of compensation that we are able to recover for you.

]]>How Can You Tell if Your Hotel Room has Bed Bugs?https://whitneyfirm.com/how-can-you-tell-hotel-room-bed-bugs/
Wed, 09 Jan 2019 16:35:17 +0000https://whitneyfirm.com/?p=8849Whether you are traveling for vacation or business, the last thing you want to discover in your hotel bed are signs of bed bugs. Unfortunately, due to the ease at which bed bugs can travel, even the fanciest of hotels can have an infestation. However, this should not be used as an excuse to force […]

]]>Whether you are traveling for vacation or business, the last thing you want to discover in your hotel bed are signs of bed bugs. Unfortunately, due to the ease at which bed bugs can travel, even the fanciest of hotels can have an infestation. However, this should not be used as an excuse to force customers to accept poor hospitality from a hotel. If you or a family member discovered bed bugs in a hotel room, you should consult with an experienced Baltimore hotel infestation lawyer today. At Whitney, LLP, our injury lawyers are dedicated to providing you with the unique legal representation necessary to handle your legal claim. Whitney, LLP is here to explain common methods for discovering bed bugs in your hotel room.

How to Find Bed Bugs in Your Hotel

The first action you should take before you search your room for bed bugs is to place your luggage in an area that is less likely to be infested with bed bugs. For example, if your hotel has a luggage rack in the closet, this is a good spot to place your bags to avoid having bed bugs hide within your clothes. If you do not have a luggage rack, the bathtub is also a secure space to place your luggage while you search the room.

The first place you should look for bed bugs is between your hotel bed sheets. You should use a flashlight and gloves or a credit card to avoid being bit or to avoid carrying a bed bug on your clothing. Bed bugs love to hide in dark and tight crevices typically around the seams and corners of the bed. You should be looking for tiny bugs or dark blood spots on the sheets. Be sure to peel back each layer and fold of your sheets and to check the beneath the mattress.

Another popular place that bed bugs like to hide is the headboard of a bed. Many hotels will have headboards that are exceptionally large which gives bed bugs a lot of room to hide. Try shining your flashlight along the edges of the headboard and behind the headboard if you can safely move it.

The next place you should search for a bed bug infestation is the other furniture in the room, especially if the furniture is upholstered. Once again, be sure to check all the corners of the furniture because bed bugs will attempt to hide from the light.

The last place you should inspect for bed bugs is the hotel curtains. Both sides of the curtain should be checked, and you should lay the curtain as flat as possible to avoid missing anything.

If you do not discover bed bugs in any of these hiding places, your room is likely infestation-free. However, that does not mean you should take any chances. Keep your luggage away from the floors and the bed. Additionally, once you return home, you should place your clothes in the dryer to eliminate any bed bugs that may hitch a ride on your luggage.

What to Do If You Discover Bed Bugs in Your Hotel

If you discover bed bugs in your hotel, you should document your findings. Take pictures of where you found the bed bugs and any bites caused by the bed bugs. Once you have evidence of the bed bugs, you should notify the front desk of the issue. Request that the hotel files an incident report and request a copy of the report.

You should also contact the local health department to inform them of the issue at the hotel. If one hotel room is infested with bed bugs, it is highly likely that other rooms within the hotel are infested as well.

It is also important to seek medical attention for your injuries. Some bed bug bites can last for weeks or months and can be difficult to treat. Be sure to inform the medical staff how you received your injuries so they can help you document your claim.

If you or a family member suffered bed bug bites at a hotel, you should contact an experienced bed bug litigation attorney. At Whitney, LLP, our injury lawyers have extensive experience handling a variety of bed bug cases, and we will help you hold a negligent hotel accountable for their actions. A bite from a bed bug can have various adverse effects on your skin and your body. To schedule a free legal consultation to discuss your claim, call Whitney, LLP at (410) 583-8000, or contact us online.

]]>Can I Sue My Home Seller for Defects Found Post-Closing?https://whitneyfirm.com/sue-home-seller-defects-found-post-closing/
Thu, 20 Dec 2018 18:32:26 +0000https://whitneyfirm.com/?p=8778Under Maryland law, a home seller must provide a buyer with certain assurances regarding the condition of the property. If a buyer discovers defects on their property after closing, their ability to sue for compensation will depend on various circumstances. For example, if the seller purposely concealed a termite infestation, this could make them liable […]

]]>Under Maryland law, a home seller must provide a buyer with certain assurances regarding the condition of the property. If a buyer discovers defects on their property after closing, their ability to sue for compensation will depend on various circumstances. For example, if the seller purposely concealed a termite infestation, this could make them liable for a defect. If you discovered a defect in your home post-closing, you should contact an experienced Towson termite damage lawyer today. At Whitney, LLP, we are prepared to help you file a claim against a home seller that attempted to conceal a material defect. Our lawyers are here to explain whether you can sue your home seller for defects found post-closing.

When is a Home Seller Liable for Defects Discovered After Closing?

A home seller can be liable for a defect discovered after closing under certain circumstances. In Maryland, a seller is required to complete one of the following two forms when selling a single-family home or condominium unit: a Residential Property Disclosure Statement or a Residential Property Disclaimer Statement.

The disclosure statement asks detailed questions regarding the condition of a property. For example, the form requests information about the existence of hazardous material like asbestos or whether the property has a termite infestation. If a property has a defect that the seller is aware of but does not disclose, this can lead to a claim of fraud.

Additionally, some sellers enlist the aid of an inspection company to check the condition of a home. If the inspection company fails to detect a serious defect or conceals a defect, the seller may be held liable under certain circumstances. For example, if a seller hires an inspection company they believe is unethical in order to save money, they may be liable for defects the inspector failed to catch. The buyer should also consider hiring their own inspector to investigate the property’s condition.

The disclaimer statement is a document that allows a seller to sell their property “as is.” This means that the seller does not make any warranties or representations regarding the status of the property or any defects on the property. However, even if a seller uses a disclaimer, they must still disclose the existence of a material defect. A material defect is a serious issue that may be hazardous to the health and safety of the home’s occupants, or that may cause a buyer a substantial amount of money for repairs.

A seller may hide the existence of a defect for several reasons. For example, the defect may drastically decrease the value of the home, and they do not want to repair the issue. The seller may also believe they can evade liability for the defect once the purchase is complete. A material defect may grant you the opportunity to receive compensation for the issue despite only detecting it post-closing.

It is important to note that not every issue can be considered a material defect. For example, if the air conditioning system does not reach every area of the home, this may not be considered a material defect. Also, if a defect occurred soon after you moved into the property, a seller may not be considered the cause of the defect.

When to File a Lawsuit for Failure to Disclose

The type of claim you may file against a seller for failure to disclose a defect will depend on the circumstances of your case. For example, if the seller did not disclose the defect because they did not perform a thorough inspection of the property, this will likely lead to a claim of negligence. If a seller could not reasonably locate the defect, this may make it difficult to prove negligence.

Alternatively, if the seller intentionally hid the existence of a material defect, you may have a valid claim for fraud. One way to determine if a defect was concealed is to hire an inspection company and compare their findings to that of the seller or the seller’s inspector. If the defect was easily discovered, this might help you prove that the seller intended to hide the defect.

Our Maryland Material Defect Attorneys are Ready to Help You Build Your Claim

If you suffered losses because a seller failed to disclose a defect on your property, you should consult with an experienced termite inspection attorney. The dedicated attorneys at Whitney, LLP have extensive experience litigating a wide range of property defect cases. We understand how upsetting it can be to discover a defect in your new home and we are here to fight for you. Our firm will help you pursue compensation from a seller that failed to disclose a serious defect. To schedule a free legal consultation to discuss your potential claim, call us at (410) 583-8000, or contact us online.

]]>Can I Sue My Home Inspector for Defects Left Out of the Report?https://whitneyfirm.com/sue-home-inspector-defects-left-out-report/
Tue, 18 Dec 2018 14:49:12 +0000https://whitneyfirm.com/?p=8698When purchasing or selling a home, you want to be aware of any material defects that could affect the price of the home or require serious repairs. Home inspectors are expected to be skilled enough to locate defects in a home that must be disclosed in accordance with the law. However, not every inspector exercises […]

]]>When purchasing or selling a home, you want to be aware of any material defects that could affect the price of the home or require serious repairs. Home inspectors are expected to be skilled enough to locate defects in a home that must be disclosed in accordance with the law. However, not every inspector exercises care when investigating the condition of a property. If your home inspector negligently failed to discover a defect on your property, you should consult with an experienced Baltimore termite damage lawyer. At Whitney, LLP, our firm is dedicated to providing you with the unique legal representation that you deserve. Our lawyers are here to explain whether you can sue your home inspector for defects left out of their report.

When is an Inspector Liable for a Defect?

Homebuyers will typically seek the assistance of a certified home inspector when deciding to purchase a property. Many inspectors are employed by an engineering or construction company that instruct the inspector on how to perform a proper inspection. However, some inspectors may opt to cut corners when performing an inspection for various reasons, like keeping costs to a minimum.

A home inspection in Maryland requires an inspector to investigate several areas of a home. The Maryland Property Disclosure and Disclaimer Statement have a checklist of areas of the home that should be inspected before the home is sold or purchased. For example, there are questions regarding the structural integrity of the property, heating and cooling systems, the presence of hazardous materials like lead-based paint, and many other inquiries.

Usually, the seller of the property is required to fill out the disclosure or disclaimer statement. The seller may even provide an inspection to the potential buyer. However, it is important to consider hiring your own inspection company to ensure the seller is not attempting to conceal a defect.

If the inspector you hired produces a report that suggests that the property only has minor issues, it is reasonable to rely on their assertion, especially if you thoroughly researched the inspection company. However, there are times when an inspection may not reveal a material defect. A material defect is an issue with a property that may be dangerous to an occupant’s health or safety, or that may require extensive and costly repairs.

An example of a material defect that should not be left out of a report is the existence of a termite infestation. Termite damage could cost you an exorbitant amount of money and may even require you to seek a temporary place to live while you have the termites exterminated.

If an inspector neglects to find a material defect that was reasonably discoverable, they may be liable to the homeowner for certain issues caused by that omission. To learn more about home inspector liability, you should speak with an experienced Maryland termite litigation attorney.

When to File a Claim for a Negligent Inspection

If your inspector negligently omitted a material defect from their report, you may have a valid cause of action for negligence. Before filing a negligence claim, you should gather evidence that proves the inspector failed to detect a certain defect.

One way to document the defect would be to seek an opinion from another trustworthy inspection company. A second or third opinion will help you determine whether your inspector should have discovered a defect before you purchased the property. For example, if the wood beams in your home were hollowed due to termites, there are certain tests that could have exposed the damage.

Before you begin to repair any damage in your home due to the defect, you should document the defect thoroughly. Photographs of the defect and the damage to your property would be prime evidence to keep in anticipation of a trial. If you have physical evidence of the defect, you should also preserve it.

You should also beware of signing any contracts with an inspection company that limits their liability. These contracts may contain restrictive terms that state how much a plaintiff could receive in the event of an omitted property defect. They may also require that the plaintiff must seek arbitration instead of filing a lawsuit. If you signed a contract with an inspection company that restricts your right to compensation, you should bring it to an attorney to be examined. Depending on the circumstances and the terms of the contract, there may be a way to proceed with your claim.

Our Experienced Maryland House Inspection Attorneys are Ready to Represent You

If you or a family member was suffered financial losses and other harm due to an erroneous inspection report, you should contact an experienced Maryland house inspection attorney. The diligent attorneys at Whitney, LLP are prepared to help you pursue a claim against a negligent inspection company. To schedule a free legal consultation, call us at (410) 580-8000, or contact us online.

]]>What to Do About a Home Inspection that Failed to Disclose a Major Termite Infestationhttps://whitneyfirm.com/home-inspection-failed-disclose-major-termite-infestation/
Thu, 13 Dec 2018 20:46:12 +0000https://whitneyfirm.com/?p=8696If a home inspection failed to disclose a major termite infestation, you likely have incurred several expenses that are necessary to repair your home and exterminate the infestation. A failed termite inspection could be the product of negligence or intentional. There are a variety of ways that a house inspector could profit from failing to […]

]]>If a home inspection failed to disclose a major termite infestation, you likely have incurred several expenses that are necessary to repair your home and exterminate the infestation. A failed termite inspection could be the product of negligence or intentional. There are a variety of ways that a house inspector could profit from failing to disclose a termite infestation. If you or a family member was the victim of a negligent or fraudulent termite inspection, you should consult with an experienced Baltimore termite infestation lawyer. The diligent lawyers at Whitney, LLP have extensive experience handling a variety of failed home inspection cases. Our lawyers are here to explain what to do about a termite inspection that failed to disclose a major termite infestation.

How to Handle a Failed Termite Inspection

If you hired a house inspector to inspect your property for termites, it is reasonable to expect that they are capable of discovering a major infestation. However, an inspector may negligently or purposely ignore the signs of a termite infestation. This is why you should have a course of action if the house inspector does not detect the existence of termites in your home.

One of the first things you should do is gather and document evidence about the termite infestation. You can accomplish this by contacting a second or third inspector to investigate for termites. If one or more inspectors agree that you have termites, you should request a written report of their findings to use as evidence.

If you want to avoid hiring another termite inspector, there are various signs of termite infestation that you could look for yourself. For example, termites grow and shed wings as they advance through different life cycles. If you discover a large pile of wings and excrement that resembles small brown pellets, you may have a termite infestation.

Another way to recognize a termite infestation is to test the wood beams in your home. Some inspectors do this by using a mallet to hammer against a wood beam, if the beam sounds hollow, you may have termites. It is important to note that termites eat away at wood from the inside out. This means that you may not discover that you have structural damage until severe damage has been caused. However, a certified inspector should be able to recognize these signs before too much damage occurs.

Before you begin to have the termite damage in your home repaired, you should take detailed photographs of the damage that was caused. If you have portions of damaged wood that show clear signs of termite damage, preserve it so that you may use it as evidence in anticipation of litigation.

Suing a House Inspector for Termite Damage

Depending on the circumstances of your case, you may have a claim against a house inspector for fraud or negligence. Many termite inspection companies try to limit their liability by getting the homebuyer to sign an exculpatory clause. These clauses limit the homebuyer’s avenues to seek compensation from an inspector that failed to discover a termite infestation. For example, the contract may limit your damages to the amount of money you paid to have the inspector investigate for termites.

If you signed a contract with an exculpatory clause to receive a home inspection, you should bring the document to a termite damage attorney for review. Depending on the terminology in the contract, there may still be a way to pursue compensation for the damage to your home.

You should also know that you do not have an unlimited amount of time to file a claim against the inspector or inspection company. The reason for this is the statute of limitations that regulates the amount of time a plaintiff has to file a case. In Maryland, claims for property damage and fraud must be filed within three years. If you do not file within the time limit, you risk having the court bar your claim. However, depending on the circumstances of your case, you may be able to receive additional time to file your case.

Our Maryland Termite Damage Attorneys Can Help You File Your Claim Against a Negligent Inspector

If you or a family member purchased a home with termites after relying on an inaccurate inspection, you should contact an experienced termite damage attorney. At Whitney, LLP, our termite damage lawyers will help you pursue a claim against a house inspector that did not perform their duty properly. A termite infestation can be hazardous to anyone living in a home with severe termite damage. Our lawyers will help you pursue the compensation you deserve for the damage to your home. To schedule a free legal consultation, call Whitney, LLP at (410) 583-8000, or contact us online.